Legal Question in Wills and Trusts in California

Aunt Dead, Am I an Heir?

My aunt died almost three years ago. She had told me that she was leaving things to my family members. Her only surviving child has not been forthcoming about anything. I believe tha everything would have been in trust. She had just moved from Houston Texas less than 6 months prior to her death in California. Would I need to look in Texas, or at a court in California for any information? Any tips on how to find out if we do in fact have any inheritance out there would be greatly appreciated.

Thanks!


Asked on 2/06/09, 5:02 pm

1 Answer from Attorneys

Michele Cusack Pollak & Cusack

Re: Aunt Dead, Am I an Heir?

You're probably correct that your aunt had a living trust, because if there was a probate proceeding in California, anyone mentioned in the Will (or in a trust which was a beneficiary of a pour-over Will) would have been noticed.

Trustees are also required to notice all beneficiaries, but they don't always follow the rules, since there is no court supervision.

Have you formally asked your cousin in writing if you or any of your other family members are named as beneficiaries and/or requested a copy of the trust? If I were you, I'd write a letter yourself first, and if there is no response, get an attorney to write a letter.

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Answered on 2/06/09, 5:18 pm


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